Labour Law In Canada / Edition 5

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More About This Textbook

Overview

For a clear understanding of the legal protections and remedies available to employers and workers in Canada, this convenient survey and analysis is ideal. Although it may be said that there are eleven distinct systems of labour law in Canada - encompassing ten provinces and the Federal government - the authors ensure depth of treatment by focusing on common policy themes and typical legal solutions, with significant departures noted in whatever province or area of law they may arise. However, the relevant law of the three most populous and influential provinces - Quebec, Ontario, and British Columbia - is covered in particular detail, as is Federal labour legislation and case law.

Among the important areas of Canadian law and practice emphasised are the following:

  • the tension between trade union power and business flexibility;
  • collective 'labour law' and individual 'employment law';
  • the effect of the North American Free Trade Agreement;
  • the central place of the legal concept of the employment contract;
  • labour standards legislation;
  • the influence of the 1982 Charter of Rights and Freedoms;
  • court intervention in labour law, both under common law principles and Quebec's civil code;
  • the role of labour relations boards; and
  • judicial review of administrative decisions and arbitration awards.

As an accurate and usable guide for lawyers not expert in Canadian law, Labour Law in Canada is without peer. It will be of particular value to business investors and their counsel.

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Product Details

  • ISBN-13: 9789041117502
  • Publisher: Kluwer Law International, BV
  • Publication date: 12/21/2001
  • Edition description: Subsequent
  • Edition number: 5
  • Pages: 410
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.84 (d)

Table of Contents

The Authors 3
General Acknowledgement 5
Acknowledgement from Brian Etherington 7
List of Abbreviations 21
Introduction 23
I General Observations 23
II General Background Information 25
III General Notions and Special Definitions 40
IV The Canadian Labour Movement 48
V The Role of Government Institutions in the Shaping and Administration of Labour Law and Industrial Relations Policy 62
VI Sources of Labour Law 71
Pt. I The Individual Employment Relationship 79
Ch. I Definitions and Concepts 79
Ch. II Rights and Duties of the Parties to the Employment Relationship 113
Pt. II Collective Labour Relations 203
Ch. I Trade Unions and Their Organizations 203
Ch. II The Right to Organize 235
Ch. III Legal Recognition of Collective Bargaining Rights 250
Ch. IV The Collective Bargaining Process 286
Ch. V Industrial Conflict 308
Ch. VI Collective Agreements 363
Index 399
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